[2024] KEHC 14639 (KLR)
The court found that the applicants satisfied all statutory requirements for kinship adoption under the Children Act 2022. The biological mother and relatives had given their consent, and the Children Officer's report recommended the adoption as being in the best interest of the minor. The applicants demonstrated...
Source-derived case information.
- Citation
- [2024] KEHC 14639 (KLR)
- Parties
- Applicant: VMO; Applicant: VOO; Subject: JO
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Adoption Cause E01 of 2024
- Procedural Posture
- Adoption Cause / Ruling
- Outcome
- application allowed
- Judges
- DK Kemei
- Legal Topics
- Adoption of Children, Kinship Adoption, Consent of Parent, Best Interest of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
VMO
Applicant
VOO
Applicant
JO
Subject
Procedural Posture
Adoption Cause / Ruling
Legal Issues
- 1 Whether the applicants have met the legal requirements for a kinship adoption under the Children Act 2022.
- 2 Whether the consent of the biological mother and relatives is sufficient for the adoption to proceed.
- 3 Whether the adoption is in the best interest of the minor.
Ratio Decidendi
The court found that the applicants satisfied all statutory requirements for kinship adoption under the Children Act 2022. The biological mother and relatives had given their consent, and the Children Officer's report recommended the adoption as being in the best interest of the minor. The applicants demonstrated their ability to care for the child, and both the Guardian Ad Litem and Legal Guardian supported the application. The court was satisfied that the adoption would promote the welfare and best interest of the child, and therefore allowed the application.
Court Disposition
application allowed
Orders
- Upon the making of the adoption order, the child shall be known as JOO.
- The Registrar General shall make the appropriate entries in the Adopted Children Register.
Full Case Text
Judgment text and source record
20 paragraphs
In re JO (Subject) (Adoption Cause E01 of 2024) [2024] KEHC 14639 (KLR) (21 November 2024) (Ruling)
Neutral citation: [2024] KEHC 14639 (KLR)
Republic of Kenya
In the High Court at Siaya
Adoption Cause E01 of 2024
DK Kemei, J
November 21, 2024
Between
VMO
1st Applicant
VOO
2nd Applicant
and
JO
Subject
Ruling
1. I have considered the Applicants Originating Summons dated 27/5/2024 together with the affidavits in support thereof. I have also considered the evidence of the Applicants and their witnesses. I have also considered the report by the Ugenya Children Officer dated 3rd November, 2024. It is noted that the circumstances of the adoption is one of kinship in which the relatives of both Applicants have no objection to the adoption application.
2. Already, the mother of the minor has given her consent to the adoption and thus has no objection thereto. It is noted that this is a kinship sort of adoption in which all the relatives are involved. The report by the Children Officer is quite comprehensive and recommends the adoption application in the best interest of the minor herein. Both the Guardian Ad Litem as well as the Legal Guardian have vouched for the Applicants’ ability to care for the minor herein. I am satisfied that the Applicants have presented evidence to justify the orders being sought in accordance with the provisions of the Children Act 2022 and the Citizenship and Immigration Act No. 12 of 2011.
3. Consequently, i find merit in the application dated 27th May, 2024. The same is allowed as follows: -i.That upon the making of the adoption order the said child be known as JOO.ii.That the Registrar General makes the appropriate entries in the Adopted Children Register.iii.That LAO and Joanes Odero be appointed Legal Guardian of the child JO.iv.The Guardian Ad Litem is hereby discharged.
DATED AND DELIVERED THIS 21ST DAY OF NOVEMBER, 2024. D. KEMEIJUDGEIn the presence of :Were………………for ApplicantsOgendo………………Court Assistant